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<br />system, as applicable, of such district and shall have a
<br />perpetual lien on and against the premises for the cost
<br />of making the connectioIl, and any such lien may be
<br />foreclosed in the same ~anner as provided by the
<br />laws of this state for the foreclosure of mechanics'
<br />liens.
<br />(II) Nothing in subparagraph (1) of this
<br />paragraph (a) shall be qonstrued as authorizing the
<br />board of any sanitation, water and sanitation, or water
<br />district to compel any connection with the sewer,
<br />water and sewer, or water lines, as applicable, of such
<br />district, by any owner of premises located outside of
<br />such district who utilizes private or nongovernmental
<br />persons, services, systems, or facilities including, but
<br />not limited to, an individual sewage disposal system,
<br />for the provision of sewer, water and sewer, or water
<br />lines to such premises.
<br />(b) (I) To divlde such district into areas
<br />according to the water or sanitation services
<br />furnished or to be furnished therein. The board has
<br />the power to fIX different rates, fees, tolls, or charges
<br />and different rates of levy for tax purposes against all
<br />of the taxable property' within the several areas of
<br />such district according to the services and facilities
<br />furnished or to be furnished therein within a
<br />reasonable time. In addition, if the board fmds it
<br />infeasible, impracticable; or undesirable for the good
<br />of the entire district to extend water or sewer lines
<br />and facilities to any paIit of such district, the board
<br />may designate by resolution such area not to be
<br />served with water or sanitation service, but such area
<br />designated not to be serVed shall be at least ten acres
<br />in extent.
<br />(II) If the board divides a special district into
<br />areas according to the facilities and services
<br />furnished or to be furnished, to determine the amount
<br />of money necessary to be raised by taxation within
<br />each such area, taking into consideration other
<br />sources of revenue within the area, and to fix a levy
<br />which, when levied ~pon every <bllar of the
<br />valuation for assessment of taxable property 'within
<br />such area of the special district, will supply funds for
<br />the payments of the costs of acquiring, operating, and
<br />maintaining the services or facilities furnished in
<br />such area and will pay proIq)tly, when due, the
<br />principal or interest on' bonds or other obligations
<br />issued and its pro rata share of the general operating
<br />expenses of the district.
<br />(c) (I) To establish, construct, operate, and
<br />maintain works and facilities across or along any
<br />public street or highway, and in, upon, or over any
<br />vacant public lands, which public lands are the
<br />property of the state of Colorado, and across any
<br />stream of water or watercourse. The board of county
<br />commissioners of any county in which any public
<br />streets or highways are situated which are to be cut
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<br />into or excavated in the construction or maintenance
<br />of any such facilities has authority to adopt by
<br />resolution such rules as it deems necessary in regard
<br />to any such excavations and may require the payment
<br />of reasonable fees by such district as may be fixed by
<br />the board of county commissioners to insure proper
<br />restoration of such streets or highways.
<br />(II) When such fee is paid, it is the
<br />responsibility of the board of county commissioners
<br />to promptly restore such street or highway to its
<br />former state. If the fee is not fixed and paid, such
<br />district shall promptly restore any such street or
<br />highway to its former state of usefulness as nearly as
<br />may be and shall not use the same in such manner as
<br />to completely or unrecessarily impair the usefulness
<br />thereof.
<br />(Ill) This grant of authority is not and shall
<br />not be construed as a limitation upon the existing
<br />powers of any municipality to regulate works and
<br />facilities in public streets or highways.
<br />(d) 10 assess reasonable penalties for
<br />delinquency in the payment of rates, fees, tolls, or
<br />charges or for any violations of the rules and
<br />regulations of the special district together with
<br />interest on delinquencies from any date due at not
<br />more than one percent per month or fracrion thereof,
<br />.and to shut off or discontinue water or sanitation
<br />service for such delinquencies and delinquencies in
<br />the payment of taxes or for any violation of the rules
<br />and regulations of the special district, and to provide
<br />for the connection with and the disconnection from
<br />the facilities of such district;
<br />(e) To acquire water rights and construct and
<br />operate lines and facilities within and without the
<br />district;
<br />(f) To have and exercise the power of
<br />eminent domain and dominant eminent domain and,
<br />in the manner provided by article I of title 38, C.R.S.,
<br />to take any property necessary to the exercise of the
<br />powers granted, both within aildwithout the special
<br />district, except for the acquisition of water rights;
<br />(g), To fix and from time to time to increase
<br />or decrease tap fees. The board may pledge such
<br />revenue for the payment of any indebtedness of the
<br />special district.
<br />(h) (1) To assess availability of service C!'
<br />facilities charges subject to the following provisions:
<br />(A) No fee, rate, toll, or charge fer
<br />connection to or use of services or facilities of such
<br />district shall be considered an availability of servie;:
<br />or facilities charge.
<br />(B) Any availability of service or facilities
<br />charges shall be made only when a notice, stating dut
<br />such availability of service or facilities charges are
<br />being considered and stating the date, time, and plaC1e
<br />of the meeting at which they are to be considered, Ius
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<br />November,2ool
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